JIWAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS Revision has been filed against the order dated 12.12.2001 passed by the learned District Judge, Mandi in Civil Appeal No.36 of 1999 (98) whereby he has dismissed the appeal filed by the petitioners. The petitioners herein filed a Civil Suit in the Court of learned Senior Sub Judge, Mandi. This suit was later transferred to the Court of Sub Judge Ist Class (1), Mandi. The petitioners sought declaration to the effect that they have become owners in possession of the suit land by way of adverse possession and the order dated 26.11.1992 passed by the Financial Commissioner upholding the ejectment order passed against them is illegal and liable to be set-aside. The Trial Court held that keeping in view the provisions of Section 163 of the H.P. Land Revenue Act (hereinafter referred to as the Act) wherever a question of title is involved including a plea of ownership based on adverse possession, the matter has to be adjudicated by the Assistant Collector Ist Grade by exercising the powers of Civil Court. He consequently held that the suit was not maintainable and ordered the return of the plaint so that the same be presented before the competent Court. The learned District Judge has affirmed these findings in appeal.

(2.) PROCEEDINGS under Section 163 of the Act were initiated against the predecessor in interest of the present petitioner some time in the year 1980 and the order of ejectment was passed by the Assistant Collector on 31st March, 1986. Thereafter, these proceedings were carried on in appeal or revision in Revenue Courts upto the level of Financial Commissioner, who decided the matter on 26.11.1992. The Civil Suit in question was filed on 1.9.1993.

(3.) THEREAFTER , the H.P. Land Revenue Act was amended by the H.P. Land Revenue (Amendment) Act, 1989. After the amendment of the Land Revenue Act in case a question of title with regard to the allegedly encroached land even by claiming title on the basis of adverse possession is raised by the alleged encroacher a Revenue Officer not below the rank of Assistant Collector Grade-I shall proceed to determine the question as if it is a civil court and exercise all, such powers as are exercised by the civil court. An appeal from the order/judgment of the Assistant Collector Ist Grade lies to the District Judge. Further appeal lies to the High Court only if a substantial question of law is involved in the case. It would be pertinent to refer to the amended provisions of Section 163 of the Act: